THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA ARTICLE 12: FREEDOM OF MOVEMENT Constitutional measures 93. Freedom of movement is provided for under section 7 of the Constitution. It provides that every person is entitled the right to move freely within Lesotho, the right to reside in any part of Lesotho, right to enter and leave Lesotho and immunity from expulsion from Lesotho. The Constitution also provides specific limitations to this freedom some of which are: (a) The interest of defence, public safety, public order, public morality or public health; (b) By order of court when a person has been convicted of an offence, is admitted to bail and such restriction is a bail condition, or to secure his presence for extradition or lawful removal from Lesotho; (c) For the prohibition of entry into Lesotho of a person who is not a citizen of Lesotho; (d) For extradition Legislative measures 94. Freedom of movement is protected through several laws including the CP&E which protects the right to liberty as illustrated under Article 6 above, as well as the Aliens Control Act 1966, Refugee Act 1983 and Citizenship Act 1971 all of which regulate entry as well as sojourn in Lesotho. Judicial measures 95. The provisions of section 7 of the Constitution, the Aliens Control Act as well as Citizenship Act have been interpreted by the Constitutional Court of Lesotho as illustrated in the following cases: Table A7: Freedom of movement cases 42

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